Libel is a false accusation that harms a person’s reputation and can appear in various forms, including online. Opinion is protected as free speech, and public figures have a higher standard to prove defamation. Cyberlibel has become a problem, and people should keep records and stick to the facts when sharing negative experiences.
Libel is a published or fixed form of character libel; a tort that falsely harms the reputation or character of a person or entity, opening the target to public scorn or ridicule. It could appear in a magazine, book, newspaper, or on a radio or television broadcast. Signs, billboards or posters can also be means for this form of defamation. Online libel, or cyberlibel, takes electronic forms such as email, mailing lists, newsgroups, chat rooms, podcasts, vodcasts, and web pages. A false accusation that is made but not published is considered slander.
For something to be considered defamation, it must involve misrepresentation knowingly presented as fact. In the United States, opinion is protected as a tenant of free speech, and citizens retain the right to comment on public figures and entities, including government and officials. Entertainment, parody, editorials and criticisms that might misrepresent fact are not libelous so long as they are presented for amusement or stated as mere opinions.
Public figures also have to meet a higher standard to prove defamation than private citizens. Private individuals only need to prove negligence, while public figures need to show malice.
According to legal experts, one of the main reasons for this apparent double standard is that, unlike private citizens, public figures have access to the media. This means celebrities, government officials, and other high-profile figures have a public forum to address publicized misrepresentations. It is also understood that a public figure is a source of comment and criticism, and that anyone who enters public life must accept him as an integral part of celebrity.
In recent years, cyberlibel has become a problem. While many citizens don’t yet realize it, comments made on chats, newsgroups, and even mailing lists are all forms of posting. Criticism of companies or their assets can be a basis for accusations if the advertiser misrepresents the facts or does not qualify her post as an opinion. Businesses recognize the power of the Internet and word of mouth becomes exponential when comments are posted in a worldwide medium.
To protect themselves from defamation charges, people should keep a record of all contact they have with a business or person about any potential disagreements. People should try to work things out amicably, but when forced to spread the word about a negative experience, they should avoid exaggerating. It’s best for people to stick to the facts, and if you make a generalization based on your own experiences, be sure to state that it’s like an opinion.
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